New Indictments and the Abbreviated Procedure: The Court of Cassation Clarifies with Judgment No. 29392/2025 Following the Cartabia Reform

The criminal justice system, with its intricate network of rules and procedures, is constantly evolving, especially after the introduction of the so-called "Cartabia Reform" (Legislative Decree No. 150/2022). This reform has had a significant impact on numerous aspects of the proceedings, including the management of alternative procedures and new indictments. In this dynamic context, the Court of Cassation has intervened with a particularly relevant ruling, judgment No. 29392 of July 14, 2025 (filed on August 8, 2025), which offers clarity on a crucial point: the possibility for the defendant to access the abbreviated procedure in case of new indictments during the trial phase. Understanding this decision is fundamental for anyone facing criminal proceedings or for legal professionals seeking to refine their defense strategy.

The Context of New Indictments and the Abbreviated Procedure

During a criminal trial, new facts or different legal qualifications of already indicted facts may emerge. In such cases, the Public Prosecutor has the option to proceed with new indictments, as provided for by Articles 516, 517, and 518, paragraph 2, of the Code of Criminal Procedure. The new indictment may concern a different fact, a connected crime, or an aggravating circumstance. The emergence of a new indictment is a delicate moment for the defendant, as it can profoundly alter the procedural scenario.

The abbreviated procedure, on the other hand, is a special procedure that allows the defendant to obtain a one-third reduction in the sentence in case of conviction, in exchange for waiving the trial and having the judge decide based on the preliminary investigation records. It is a strategic choice generally made in the preliminary phase, but the question that arose was whether a new indictment during the trial could reopen the deadlines for requesting this procedure for all crimes.

The Cartabia Reform and Article 519 of the Code of Criminal Procedure

The Cartabia Reform introduced significant amendments to Article 519 of the Code of Criminal Procedure, precisely to strengthen defense guarantees in cases of new indictments. The legislator's intention was to ensure that the defendant could assess their position also in relation to the new charges and choose the most convenient procedure. However, the interpretation of these amendments generated uncertainty, particularly regarding the recovery of the right to request the abbreviated procedure. It was questioned whether this possibility should extend to all charges, including the original ones for which the defendant had already, knowingly or unknowingly, let the deadlines for requesting the alternative procedure expire.

The Clarification by the Court of Cassation: Judgment No. 29392/2025

The Supreme Court, with judgment No. 29392 of 2025, provided a clear and definitive answer to this question. The Fifth Criminal Section, presided over by Dr. P. R. and with Dr. C. F. as rapporteur, rejected the appeal filed, confirming the decision of the Court of Appeal of Genoa. The legal principle extracted from this ruling is of fundamental importance:

In matters of new indictments during the trial phase, the exercise of the public prosecutor's powers provided for by Articles 516, 517, and 518, paragraph 2, of the Code of Criminal Procedure, even following the amendment of Article 519 of the Code of Criminal Procedure introduced by Legislative Decree No. 150 of October 10, 2022, does not result in the defendant recovering the right to request the abbreviated procedure for all originally indicted crimes, with respect to which they had already knowingly allowed the deadline for such a request to pass, but only the possibility to request the alternative procedure for the indictment that has been modified.

This statement clarifies that the Cartabia Reform, while granting greater rights to the defendant, cannot be interpreted in a way that allows for an indiscriminate recovery of the right to request the abbreviated procedure for charges that were already present from the beginning of the proceedings. The logic underlying this decision is to balance the right to defense with the principles of procedural economy and legal certainty. The defendant had their time to assess the original charges and choose the procedure; if they did not, that choice is considered final for those specific charges. The new indictment opens a new window of opportunity, but this is strictly limited to the new charge.

Practical Implications of the Judgment

• Focus on the New Indictment: The possibility to request the abbreviated procedure is limited to the charge that has been modified or added during the trial.
• Irreversibility of Previous Choices: Decisions made (or not made) regarding the original charges remain valid and cannot be "revoked" by a subsequent new indictment.
• Targeted Defense Strategy: The defense must carefully evaluate whether and how to proceed with an alternative procedure, knowing that such a choice will only affect the new part of the charge.
• Importance of Legal Counsel: The complexity of these procedural dynamics once again underscores the essentiality of qualified legal assistance from the earliest stages of the proceedings.

Conclusions

Judgment No. 29392 of 2025 by the Court of Cassation represents a firm point in the interpretation of the effects of the Cartabia Reform regarding new indictments and alternative procedures. It precisely outlines the boundaries within which the defendant can exercise their right to choose the abbreviated procedure, preventing the instrumental use of new indictments to "recover" expired procedural opportunities. This ruling serves as a warning to all actors in criminal proceedings for careful and informed strategic planning from the outset, reiterating the importance of every procedural choice and its definitive consequences.